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The question

Is it permissible for the deceased to bequeath a house he does not own, and which is part of the inheritance and registered in the name of one of his daughters?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars differ on the ruling concerning the will made by an unauthorized person ( فضولي ) disposing of another's property, holding two views: The first view deems the will valid but contingent upon the owner's approval. If the owner approves, it becomes effective; otherwise, it does not. The second view holds that the will made by an unauthorized person is absolutely void, as it is a donation from someone who neither owns the property nor has authority over it. This second view is the more preponderant one, and accordingly, such a will is considered void.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
56781
Imported
Translation status
Source text, unreviewed
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